Rural Municipality of Cornwallis, Manitoba
· adopted 2024-05-21
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## RURAL MUNICIPALITY OF CORNWALLIS
By-Law No. 1729/2024
## Heavy Truck Route By-Law
BEING A BY-LAW of the Rural Municipality of Cornwallis for the purpose of classifying vehicles according to weight and for prescribing routes of travel within the Municipality.
WHEREAS Section 90(1) of The Highway Traffic Act, S.M. 1985-86, C.3-Cap. H60, provides as follows:
"A traffic authority may classify vehicles according to dimensions, design, weight, kind of weight carried or otherwise, for any class or all classes of vehicles and may make rules or bylaws upplementary to, or in addition to, but not contrary to, any provision of this Act or regulations mad thereunder and applicable on highways over which the traffic authority has jurisdiction or within an area over which the traffic authority has jurisdiction, with respect to
...
- (d) prescribing routes of travel;
and may impose penalties for a violation of any such rule or by-law."
AND WHEREAS Section 232(1) of The Municipal Act, S.M. 1996, C.58-Cap. M225, provides as follows:
"A council may pass by-laws for municipal purposes respecting the following matters:
- (a) the safety, health, protection and well-being of people, and the safety and protection of property;
- (b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation;
(m) local transportation systems;
..."
AND WHEREAS Section 232(2) of The Municipal Act, S.M. 1996, C.58-Cap. M225, provides as follows:
"Without limiting the generality of subsection (1), a council may in a by-law passed under this Division
- (a) regulate or prohibit;
...
- (c) deal with any development, activity, industry, business, or thing in different ways, or divide any of them into classes and deal with each class in different ways;
..."
AND WHEREAS the Rural Municipality of Cornwallis is the traffic authority for municipal roads within the limits of the Municipality;
AND WHEREAS the Council has deemed it to be in the best interests of the Municipality to classify certain vehicles according to weight and to prescribe routes of travel for same;
NOW THEREFORE the Council of the Rural Municipality of Cornwallis in open session assembled enacts as follows:
## 1. Definitions
- 1(1) In this ByLaw:
"HEAVY TRANSPORT TRUCKS" means vehicles with a gross vehicle weight in excess of 30,000 (Thirty Thousand) pounds, or having more than two axles.
"MUNICIPAL ROAD" means a highway for which the Municipality is the traffic authority in does not include a provincial road or a provincial trunk highway, as those terms are defined ir The Highways and Transportation Department Act.
## 2. Interpretation
- 2(1) Nothing in this by-law shall be interpreted so as to permit the operation of a heavy transport truck on any municipal road or portion thereof where such operation is in contravention of
- (a) the provisions of this or any other by-law of the Municipality; or
- (c) any statute or regulation enacted by the Province of Manitoba or the Government of
- (b) temporary restrictions put into place by the Municipality from time to time; or
- 2(2) This By-law may be referred to as the "Heavy Truck Route By-law".
## 3. General Provisions
- Unless otherwise authorized in this By-law, no person shall operate a heavy transport truck on a municipal road or any portion thereof other than upon those designated herein as heavy transport truck routes, as follows:
- (a) Curries Landing Road (Rd 102W), between PTH 1 and ½ mile South of Higgens Road (Rd 55N);
- (b) Kissock Road (Rd 56N), between Wardel Road (Rd 98W) and ½ mile West of Curries Landing Road (Rd 102W);
- (c) Wyton Road (Rd 101W), between Magazine Road (Rd 54N) and ½ mile North of Kissock Road (Rd 56N);
- (d) Magazine Road (Rd 54N), between PR 340 and Wyton Road (Rd 101W);
- (e) Higgens Road (Rd 55N) West of Rd 101W 1.5 miles;
- (f) Spring Valley Road (Rd 52N), between Road 105W and Road 50.5N;
- (h) Road 100W from Road 51N to Road 48N;
- (g) Road 105W from Road 55N South to Road 52N;
- (i) Road 50N from Road 110W (PTH 10) to Road 109W;
- (i) Road 111W South of Road 55N for ½ mile;
as marked in red on the map attached hereto as Schedule "A".
- 3(2) All municipal roads designated as heavy transport truck routes pursuant to section 3(1) may be identified by the placement of traffic control devices or signage adjacent thereto, in such manner as the municipality deems necessary.
- 3(3) Municipal roads in the vicinity of designated heavy transport truck routes on which heavy trucks are not permitted, may be identified by the placement of traffic control devices or signage adjacent thereto, in such manner as the Municipality shall deem necessary.
- 3(4) Notwithstanding section 3(1) and subject to section 3(5), any person may operate a heavy transport truck on any municipal road where necessary in order to conduct business at a destination point, provided that provincial roads or provincial trunk highways or municipal roads designated as heavy transport truck routes are used until reaching the intersection nearest the destination point. Upon leaving the destination point, a heavy transport truck shall return by the shortest route to a heavy transport truck route or to a provincial road or provincial trunk highway.
- 3(5) Notwithstanding any other provisions of this by-law, no person shall operate a heavy transport truck on the municipal road unless it is necessary to conduct business at a destination point for which the said municipal road is the only means of access.
## 4 Penalties
- 4(1) Every person who contravenes, or refuses, neglects, omits or fails to obey or observe any provision of this By-Law, shall upon summary conviction, be liable to a fine of $250.00 (Two Hundred and Fifty Dollars) for the First Offence, $500.00 (Five Hundred Dollars) for the Second Offence, and $1,000.00 (One Thousand Dollars) for the Third and each subsequent Offence; or to imprisonment for a term not exceeding 30 days in case of non-payment of the fine imposed by a magistrate or judge.
- 4) Not the entert el re in a fire continues for more than one
## 5. Repeal
- 5(1) By-Law No. 1566/07/2000 is hereby REPEALED.
DONE AND PASSED in Council duly assembled this 21st day of May 2024.
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saM
REEVE SAM HOFER mad 4/23 -
Hallershe
CHIEF ADMINISTRATIVE OFFICEI HOLLY KRYSKO (INTERIM)
Resolution No. 2024/121.
Resolution No. 2024/152.
Resolution No. 2024/153.
First reading this 19th day of April 2024 Second reading this 21st day of May 2024 Third reading this 21st day of May 2024
## Schedule A of By-law 1729/2024
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